ED under SC fire for filing petition to cancel bail of accused with cancer; official fined Rs 1 lac

New Delhi: The Enforcement Directorate (ED) has come under fire from the Supreme Court for submitting a petition to cancel the bail of a cancer-stricken defendant, claiming that this was an unnecessary waste of "stationery, legal fees, and the court's time."

The individual, who worked for a private bank, was detained in connection with a Rs. 24 crore embezzlement case.

The official who approved the request to file the Special Leave Petition was fined Rs. 1 lakh by a panel of Justices M R Shah and M M Sundresh.

The officer who authorised the filing of the Special Leave Petition was fined Rs. 1 lakh by a panel of Justices M R Shah and M M Sundresh.

"The Department ought not to have filed such a Special Leave Petition wasting the stationery, the legal fees and Court's time."

The Special Leave Petition stands dismissed with exemplary cost, to be borne by the concerned officer, who granted the permission to file the Special Leave Petition, quantified at Rs 1,00,000, to be recovered from the salary of such an officer.

"The cost to be deposited by the Department with the Registry of this Court within a period of four weeks from today. On such deposit, Rs.50,000/- be transferred to National Legal Services Authority, New Delhi and Rs.50,000/- to Mediation and Conciliation Project Committee, Supreme Court," the bench said.

The agency had moved the top court against the November 12, 2021 order of the Allahabad High Court which had granted bail to the man, noting that he is suffering from malignancy.

The high court had requested the doctor concerned of the Kamla Nehru Hospital, Prayagraj to scan the applicant and submit a report on his health condition and the stage of cancer.

With PTI inputs